Institute for Legal, Legislative and Educational Action
We knew that at some point in time, some city in Pennsylvania would cite citizens for lawful activity. Looks like the rubber is going to hit the road in Erie, PA.
http://www.goerie.com/apps/pbcs.dll/article?AID=2013307189909
8 cited for carrying guns in park during Erie gun-rights rally
Many of the estimated 80 people who gathered at Perry Square in late June to rally against increased gun control did so with guns tucked in holsters or slung over their shoulders, in violation of an Erie ordinance that prohibits firearms and other weapons in public parks.
Eight of the attendees received citations for their actions.
The citations, filed in Erie 4th Ward District Judge Tom Robie's court on Friday, charge the eight with violating City Ordinance 9655.06 B.
Justin Dillon, 26, of Erie, who organized the rally, was cited for carrying a gun in a hip holster, according to his citation.
Also cited by Erie police were Edward J. Tenon, 33, of Erie; Christopher Phillips, 45, of Erie; Jay Ziegler, 32, of Erie; Donald L. Davis, 34, of Catasauqua, a suburb of Allentown; Allen E. Lepley, 34, of Cannonsburg; Ryan R. Avidne, 21, of Erie; and Brian Shank, 49, of Erie.
Those cited face a fine of $100 to $300, and up to 90 days in jail if they don't pay it.
The group is tentatively scheduled to appear before Robie in Erie County Central Court for hearings on the citations Aug. 19.
Dillon said Wednesday that he was disappointed with the citations, but he knew they were coming.
He also said that the group plans to fight the citations.
"Overall, I'm frustrated with the whole situation," Dillon said. "Like I told other people who asked me how I felt, I felt that there were other crimes being committed than what we were doing."
Dillon had filed suit against the city in May, claiming the ordinance banning guns in city parks violates the right to bear arms under Section 21 of the state Constitution and the Second Amendment to the U.S. Constitution, as well as the state crimes code. He asked an Erie County judge to invalidate the ordinance and stop Erie officials from enforcing it.
Erie County President Judge Ernest J. DiSantis Jr. refused to grant a preliminary injunction preventing the city from enforcing the ordinance, and Commonwealth Court rejected Dillon's appeal.
Many of the rally attendees carried guns anyway.
Dillon said Erie police were "waiting for us" when rally attendees started gathering in Perry Square on June 22. Officers asked the attendees for identification, but they refused, Dillon said.
"They basically backed off and let us proceed with the rally. While they were at the rally, (the police) took down license plate numbers. They were filming us to match our faces with our driver's license pictures to send us citations," he said.
Erie officers said during the rally that they would mail citations to people carrying weapons who were identified.